71 FR 58584, October 4, 2006
DEPARTMENT OF COMMERCE
International Trade Administration
[C-427-810]
Corrosion-Resistant Carbon Steel Flat Products From France; Final
Results of Full Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 1, 2005, the Department of Commerce (``the
Department'') initiated a sunset review of the countervailing duty
(``CVD'') order on certain corrosion-resistant carbon steel flat
products from France, pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). On the basis of a notice of intent to
participate and an adequate substantive response filed on behalf of the
domestic interested party, an adequate response from respondent
interested parties, and respondent interested parties' arguments
regarding post-investigation privatization of Usinor, the Department
determined to conduct a full sunset review of this CVD order pursuant
to section 751(c) of the Act and 19 CFR 351.218(e)(2). As a result of
this sunset review, the Department finds that revocation of the CVD
order would be likely to lead to continuation or recurrence of a
countervailable subsidy. Therefore, the Department is not revoking this
CVD order.
DATES: Effective Date: October 4, 2006.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Brandon Farlander,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone (202) 482-3692 or (202)
482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2005, the Department initiated a sunset review of
the CVD order on certain corrosion-resistant carbon steel flat products
from France pursuant to section 751(c) of the Act. See Initiation of
Five-Year (``Sunset'') Reviews, 70 FR 65884 (November 1, 2005).
On May 31, 2006, the Department published the preliminary results
of the full sunset review of the instant order. See Preliminary Results
of Full Sunset Review: Certain Corrosion-Resistant Carbon Steel Flat
Products from France, 71 FR 30875 (May 31, 2006). Interested parties
were invited to comment on our preliminary results. On July 11, 2006,
[[Page 58585]]
we received a case brief from Duferco Coating SA and Sorral SA
(collectively, ``Duferco Sorral''). We also received comments from the
European Commission and from Sollac Atlantique, Sollac, Lorraine,
Arcelor FCS Commercial, and Arcelor International America, LLC
(``respondent interested parties''). On July 17, 2006, we received a
rebuttal brief from United States Steel Corporation (``domestic
interested party'').
Scope of the Order
The merchandise covered by this order includes flat-rolled carbon
steel products, of rectangular shape, either clad, plated, or coated
with corrosion-resistant metals such as zinc, aluminum, or zinc-,
aluminum-, or iron-based alloys, whether or not corrugated or painted,
varnished or coated with plastics or other nonmetallic substances in
addition to the metallic coating, in coils (whether or not in
successively superimposed layers) and of a width of 0.5 inch or
greater, or in straight lengths which, if of a thickness less than 4.75
millimeters, are of a width of 0.5 inch or greater and which measures
at least 10 times the thickness or if of a thickness of 4.75
millimeters or more are of a width which exceeds 150 millimeters and
measures at least twice the thickness, as currently classifiable under
the Harmonized Tariff Schedule of the United States (``HTSUS'') item
numbers 7210.31.000, 7210.39.0000, 7210.41.000, 7210.49.0030,
7210.49.0090, 7210.60.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090,
7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.21.0000, 7212.29.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.5000,
7217.12.1000, 7217.13.1000, 7217.19.1000, 7217.19.5000, 7217.22.5000,
7217.23.5000, 7217.29.1000, 7217.29.5000, 7217.32.5000, 7217.33.5000,
7217.39.1000, 7217.33.5000, 7217.39.1000, and 7217.39.5000. Included in
this order are flat-rolled products of non-rectangular cross-section
where such cross-section is achieved subsequent to the rolling process
(i.e., products which have been ``worked after rolling'')--for example,
products which have been beveled or rounded at the edges. Excluded from
this order are flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (``terne
plate''), or both chromium and chromium oxides (``tin-free steel''),
whether or not painted, varnished or coated with plastics or other
nonmetallic substances in addition to the metallic coating. Excluded
from this order are clad products in straight lengths of 0.1875 inch or
more in composite thickness and of a width which exceeds 150
millimeters and measures at least twice the thickness. Also excluded
from this order are certain clad stainless flat-rolled products, which
are three-layered corrosion-resistant carbon steel flat-rolled products
less than 4.75 millimeters in composite thickness that consist of a
carbon steel flat-rolled product clad on both sides with stainless
steel in a 20%-60%-20% ratio. The HTSUS numbers are provided for
convenience and customs purposes. The written description remains
dispositive.
Analysis of Comments Received
All issued raised in this review are addressed in the Issue and
Decision Memorandum (``Decision Memorandum'') from Stephen J. Claeys,
Deputy Assistant Secretary for Import Adminstration, to James C.
Leonard, III, Acting Assistant Secretary for Import Administration,
dated September 27, 2006, which is hereby adopted by this notice.
Parties can find a complete discussion of all issues raised in this
review and the corresponding recommendation in this public memorandum
which is on file in the Central Records Unit, Room B-099 of the main
Commerce building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Web at https://enforcement.trade.gov/frn.
The paper copy and electronic version of the
Decision Memorandum are identical in content.
Final Results of Review
The Department determines that revocation of the CVD order on
corrosion-resistant carbon steel flat products from France is likely to
lead to continuation or recurrence of counteravailable subsidies at the
following countervailing duty rate:
------------------------------------------------------------------------
Net subsidy
Manufacturer/exporter margin
(percent)
------------------------------------------------------------------------
Country-Wide Rate....................................... 0.16
------------------------------------------------------------------------
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: September 27, 2006.
James C. Leonard, III,
Acting Assistant Secretary for Import Administration.
[FR Doc. 06-8485 Filed 10-3-06; 8:45 am]
BILLING CODE 3510-05-M